Compensation for delayed flights Discussion Area

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  • Supwks
    Supwks Posts: 1 Newbie
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    Does anyone know the answer to this one?
    We were returning from Grenada to Glasgow via LGW. This was BA on one ticket so I consider it to be one journey.
    The Grenada to Gatwick was on time but there was a seven hour wait anyway before the LGW GLA flight.
    We were due in GLA around 3pm but the flight was cancelled due to a cracked windscreen it seems.
    We were booked onto a flight to EDI which would have got us to GLA by car a couple of hours later than we were scheduled. This was then announced as having a three hour delay due to another tech issue so we were transferred back onto the next GLA flight which was also delayed but not by as much as the EDI.
    We eventually arrived at GLA at around midnight, so nine hours or so after we were due. One of our bags didn't make it due to all the changes but we got it back intact the next day so no problem there.
    We got compensation for the delay based on LGW-GLA (<1500km).
    My question, after a really long story (sorry) is, shouldn't we be entitled to compensation based on the origin airport of the ticket i.e. Grenada (>1500km)?
    I put this to BA but they came back saying that it was not the case but we were only entitled to the lower level.
    I'd really appreciate your thoughts on this.
    Thanks.
    Supwks
  • JPears
    JPears Posts: 5,086 Forumite
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    It is an interesting case and I was thinking of a similar conundrum yesterday to pose to the forum.
    The arguement is that you purchased a ticket with an EU carrier to travel from Grenada to Glasgow. Forumites here would suggest in this case that you are possibly due compensation for the whole journey length, since the casue of you delay was wholly within the EU with EU carrier.
    I set the scenario that what if both legs had been delayed ie Grenada to Gatwick, then your replacement flight because of the inital delay, delayed. By their arguement BA would have to pay out twice as they consider you to have taken two seperate flights.
    Or if the Grenada flight had been delayed, irrespective of the second leg causing you to be delayed enough for the larger compensation amount?
    I think BA are on shaky ground here.
    Have you put your details into a gflight delay company/legal firm such as Botts, see what amount they think you are due?
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  • Vauban
    Vauban Posts: 4,736 Forumite
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    I don't think this is ambiguous at all. On a through ticket, the delay is measured from your arrival at the final destination, and the distance from the whole of the journey - ie Grenada to Glasgow. If BA are being numpties, then take them to court.
  • JPears
    JPears Posts: 5,086 Forumite
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    In a roundabout way i was trying to say that airliones can't have it both ways ;)
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  • Vauban
    Vauban Posts: 4,736 Forumite
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    JPears wrote: »
    In a roundabout way i was trying to say that airliones can't have it both ways ;)

    Oh I see. Airlines try to have it whatever way they can, so long as the customer is fobbed off and compensation payments avoided. BA's frankly pathetic response to their meltdown of last week shows the leopards don't change their spots, imho.
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    Vauban wrote: »
    I don't think this is ambiguous at all. On a through ticket, the delay is measured from your arrival at the final destination, and the distance from the whole of the journey - ie Grenada to Glasgow. If BA are being numpties, then take them to court.


    I do think BA should pay the €600 on BA to BA connections (it is reported that they are not)...the passenger is as much inconvenienced as having the delay before the first flight....I think it becomes more of a challenge when the on-time inbound flight is on a non-EU carrier
    If passenger travels on a US-LHR-GLA ticket for example with the US-LHR on say AA which arrives with no delay and then the LHR-GLA flight is delayed......should BA pay €250 or €600?
    If the inbound was late and the connection missed then there would be no claim at all.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    The Danish Supreme Court has found judgement in favour of the Airline, SAS, following a case about whether 'knock on's' are an acceptable Extraordinary Circumstance.

    I can only find the judgement in Danish for now.

    http://www.hoejesteret.dk/hoejesteret/nyheder/Afgorelser/Documents/214-16.pdf
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  • Sylvia_Mahal
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    Hi. I was travelling with a party of 9, 6 Adults and 3 small children. made up of my family, grandchildren and foster child. This was the children's first ever flight and holiday abroad.

    We checked into our flight at Heathrow Terminal 5 to Almeria via Madrid at 11.35 on May 27th at about 9,30 after joining a long queue at 8.30. On check in there was no mention of any concerns. We were then on Air side without any information except the boards stating that the gate number would be at a set time, this time kept moving into the future. The time of our flight passed and several hours later the board said Please wait. At about 6pm a piece of paper was given out to say all flights had been cancelled and we were advised to leave the terminal without our luggage with no advice other than to consult the website to rebook our flights or arrange for a refund. We eventually managed to get out having joined a very long queue as they only had one gate open at about 7.30pm

    We took the option to go home rather than book in a hotel because we only live 2 hours from Heathrow.

    As soon as we arrived home we tried to phone BA and to access the Website which was still not working properly. We tried all day Sunday and eventually decided to book with Iberia the same flights as offered by British Airways at an inflated price, but at least we were able to confirm that we could fly in Tuesday 30th May.

    Only four of our party were able to afford to pay for the additional flights so my grandchildren missed out on their holiday and my son decided they had to abort it.

    The problem I have is that BA have refunded the cost of the flights for the people who aborted their holiday but they refuse to compensate us for the cost of the flights we purchased from Iberia. They are only offering to refund the cost of our Saturday flights which is half the cost of the additional flights. Therefor we will be out of pocket.

    Please can someone advise where we stand. The flight we took on Tuesday 30th was actually a British Airways plane so I think they are just being difficult.

    They also refuse to compensate us for the journey back home, because they say we should have obtained a petrol receipt.

    Added to this we are still trying to get some of our luggage back.

    Please help and can you advise us what we are entitled to.

    Thanks

    Sylvia
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    Sylvia - your post better placed on the BA thread > http://forums.moneysavingexpert.com/showthread.php?t=4384701
  • JPears
    JPears Posts: 5,086 Forumite
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    Sylvia. also download Vauban's most useful guide (google) your answers should be there.
    But in simple terms you should receive refund of the cancelled flight AND compensation under reg 261/2004. For all 9 of you the compensation should be due. I don't know the distance of your flight as this will affect the compensation due.
    Did the letter from BA handed to you at airport tell you:
    You maybe able to claim compensation under regualtion 261/2004?
    BA's duy of care ie hotels, food etc? Did it ask you to keep any receipts?
    But please put this on BA thread. Where you will find alot of information on this matter.
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